WEDNESDAY, JUNE 1, 1983
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+DRIVING POINTS+ MILL TO BE AMENDED
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A NUMBER OF AMENDMENTS TO THE ROAD TRAFFIC (DRIVING-OFFENCE POINTS) BILL 1983 WILL BE MOVED BY MR S.L. CHEN, CONVENOR OF THE AD HOC GROUP OF UNOFFICIAL MEMBERS, AT THE COMMITTEE STAGE OF THE LEGISLATIVE COUNCIL MEETING ON JUNE 8.
THE MAIN AMENDMENT, RELATING TO A CLAUSE 8(1), SEEKS TO REDUCE THE PERIOD OVER WHICH POINTS ARE COLLECTED, FROM THREE YEARS TO TWO YEARS. THIS WILL SUBSTANTIALLY REDUCE THE NUMBER OF POINTS THAT MANY DRIVERS WILL BE AWARDED.
IN LINE WITH THIS AMENDMENT, AN ADJUSTMENT WILL BE MADE TO CLAUSE 3(3), REDUCING BY ONE YEAR THE PERIOD OVER WHICH RECORDS ARE KEPT FROM SIX TO FIVE YEARS.
CLAUSE B(6) WILL BE AMENDED TO REMOVE THE DISCRETIONARY POWER OF THE MAGISTRATE IN ALLOCATING POINTS AND TO PROVIDE THAT, WHERE TWO OR MORE POINTS WERE INCURRED IN RESPECT OF OFFENCES ARISING FROM THE SAME, OR SUBSTANTIALLY THE SAME ACT, HE SHALL TAKE INTO ACCOUNT ONLY THE OFFENCE ATTRACTING THE HIGHEST NUMBER OF POINTS. OR, IF THE SEVERAL OFFENCES ATTRACT THE SAME NUMBER OF POINTS, HE SHALL TAKE INTO ACCOUNT ONLY THE POINTS IN RESPECT OF ONE OF THE OFFENCES.
IT IS ALSO PROPOSED THAT SCHEDULE ITEMS FIVE, EIGHT AND NINE BE AMENDED TO ATTRACT THREE POINTS, INSTEAD OF THE FIVE ORIGINALLY PROVIDED FOR. THESE SCHEDULE ITEMS DEAL WITH THE OFFENCES OF DRIVING IN EXCESS OF A SPEED LIMIT BY MORE THAN 15 KILOMETERS AN HOUR, FAILING TO GIVE PARTICULARS AFTER AN ACCIDENT AND FAILING TO REPORT AN ACCIDENT.
SCHEDULE ITEMS 10 (+FAILING TO STOP WHEN REQUIRED BY POLICE OFFICER OR TRAFFIC WARDEN+) AND 16 (+FAILING TO GIVE WAY TO EMERGENCY VEHICLES+) ARE TO BE DELETED, THEREBY REDUCING THE NUMBER OF OFFENCES ATTRACTING DEMERIT POINTS FROM 16 TO 14, ALTHOUGH THEY WILL REMAIN OFFENCES UNDER THE ROAD TRAFFIC ORDINANCE, AND THE ROAD TRAFFIC (TRAFFIC CONTROL) REGULATIONS RESPECTIVELY.
ITEM 16 IS BEING DELETED BECAUSE IN SOME NARROW AND CONGESTED ROADS IT IS NOT ALWAYS POSSIBLE SAFELY TO GIVE WAY TO SUCH AN EMERGENCY VEHICLE, AND FAILURE TO DO SO COULD NOT BE REGARDED AS AN ACT OF UNSAFE DRIVING.
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